Minneapolis Eminent Domain Attorney to Present Lecture to the Hennepin County Bar Association
Those two topics will be:
1. Whether evidence of construction-related interference damages that occur after the date the government has taken part of a property owner’s land is admissible as evidence at either the commissioners’ hearings or at a jury trial.
2. Whether the government can compel a property owner to have the commissioners’ hearings on the issue of the damages they have suffered as a result of the partial taking of their property prior to completion of the project.
While these two issues may seem esoteric, the resolution of them are essential in determining the amount of damages that a property owner suffered as a result of the taking of a portion of their property.
During the lecture, Mr. Morphew will address these issues because property owners often claim damages for construction-related disruptions to their properties. These disruptions often include the noise, dust, vibration, and loss of aesthetic appeal during construction of a public improvement project. In a recent case in which Mr. Morphew was involved, the government took the position that evidence of these types of disruptions is not admissible as evidence because they occurred after the date of taking and only the damages that are known on the date of taking are admissible.
Related to this issue, in another recent case in which Mr. Morphew was involved, the government took the position that the date for the commissioners’ hearings could not be delayed to the end of the construction in an effort to prevent Mr. Morphew’s client from presenting evidence of these disruptions as they occurred on their property.
Mr. Morphew has been informed that the applicable governmental entity is going to appeal the first issue to the Court of Appeals and the second issue is a critical litigation strategy for the government and property owners to consider.
If you or anyone you know is facing the forced taking of their property, an experienced eminent domain lawyer can help to ensure you receive the full amount of just compensation you are entitled to receive under the law. If you are facing such a situation, contact eminent domain attorney Jon Morphew at Morphew Law today.